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2015 DIGILAW 803 (MP)

Yaswant Suman @ Jasvant Suman v. State of M. P.

2015-08-05

SHEEL NAGU

body2015
ORDER 1. This criminal revision under section 397/401 CrPC has been preferred against the order of conviction and sentence dated 8.4.2015 passed by Third Additional Session Judge, Shivpuri whereby the judgment of JMFC, Shivpuri, in Criminal Case No.1391/2010 convicting the petitioner under section 138 of the Negotiable Instruments Act and sentencing him for 3 months R.I. with fine of Rs.60,000/- has been affirmed. 2. An application bearing IA No. 3982/2015 is moved for compounding the offence punishable under section 138 of Negotiable Instruments Act, 1881 stating that the cheque amount of Rs. 50,000/- has been paid to the complainant on 5.5.2015. 3. Undoubtedly, the above-said offence is compoundable as per section 147 of Negotiable Instruments Act, 1881, and looking to the statements of the rival parties, it is evident that parties do not wish to pursue this criminal revision as they have settled their scores against each other. 4. The genuineness of the statements of the rival parties has been verified by the Principal Registrar vide order dated 6.7.2015, which is on record. 5. The apex Court in the case of Damodar S. Prabhu v. Sayed Babalal H., reported in (2010)5 SCC 663 , while framing the guidelines for compounding the offence under section 138 of Negotiable Instruments Act, 1881 has held that it can be compounded at any stage adopting the compensatory aspect of remedy over the punitive aspect of punishment by depositing the compounding fee @ 15% of the cheque amount. 6. The receipt of the deposition of said amount of Rs.7,500/- (15% of Rs.50,000/-) with the Legal Aid Committee of High Court of M.P. Gwalior Bench, is available on record. 7. Thus, offence under section 138 can be compounded in accordance with the provisions of section 147 of Negotiable Instruments Act, 1881 read with section 320 CrPC. 8. In view of the above, IA No. 3982/2015 is allowed. 9. The revisionist/convict stands acquitted in view of the settlement between the parties. 10. Accordingly, this Criminal Revision and I.A. No.5412/2015 stands disposed of.